Thursday, December 18, 2014

STATE OF TEXAS OFFICIAL JIMMY PERRY, IN 2009 REPLY E-MAIL LETTER TO ME, MAINTAINS THAT CITY GOVERNMENT OF AUSTIN, NOT THE STATE OF TEXAS, HAS JURISDICTION OVER MEDICALLY INJURIOUS CONTINUOUS NOISE POLLUTION VICTIMIZING MYSELF THAT I HAD COMPLAINED ABOUT IN WRITING TO HIS STATE AGENCY IN AUSTIN, TEXAS, USA




PIR# 09.11.10.10 - noise pollution damage to myself in Austin (2)
me
To
Gov'sOfficeAttyChelseaThornton window@cpa.state.tx.us pio@txdps.state.tx.us TWC Civil Rights Division Director Texas Dept of State Health Services Occupational Noise Levels Investigators and 4 more...

Nov 13, 2009

Dear Assistant General Counsel Thornton in the Office of the Governor and State Comptroller Combs,

Do each of you agree with the stated view (see below) of this Texas Commission on Environmental Quality (TCEQ) state agency representative, Mr. Jimmy Perry----who I assume is not related to our distinguished Governor, Rick Perry----that the TCEQ has no legal responsibility for enforcement of the law in regard to illegal and unwanted noise pollution in Austin that I never authorized, and that's been determined over a multi-year period by ENT medical specialist Dr. David Tobey of Austin to be significantly medically injurious to myself and to have inflicted a cited medical disability on myself, in Austin, Texas?

Do you also concur with that the TCEQ state agency that the Austin Police Department holds sole legal responsibility for enforcement of the law against any and all sources of noise pollution determined to be significantly injurious to myself, John Kevin McMillan, in Austin, Texas?

Finally, since the Austin Police Department has thus far declined to be helpful to me in this matter, is there any context in which some other state agency, such as the Texas Department of Public Safety, or Travis County Government, for that matter, can play a role in enforcement of the law in any context that terminates unwanted continuous and year-round noise pollution in Austin, Texas, that's determined to have been, and continues to be, significantly medically injurious to this particular law-abiding and gainfully employed single adult gentleman, John Kevin McMillan of Austin.

Thank you in advance for your helpful response to those three hopefully-polite follow-up questions from myself.

Sincerely and Best Wishes,

John Kevin McMillan of Austin.
Home phone: (512) 342-2295.

cc: Texas Workforce Commission Officials, Austin. Texas Department of State Health Services legal complaints office.
Texas Department of Aging and Disability Services General Counsel Owens.
United States Department of Labor, Washington, D.C.

John Kevin McMillan

--- On Fri, 11/13/09, Jimmy Perry wrote:

From: Jimmy Perry
Subject: PIR# 09.11.10.10 - noise pollution damage to myself in Austin
To: "John McMillan"
Date: Friday, November 13, 2009, 10:29 AM

Dear Mr. McMillan :

The TCEQ received your electronic communication dated November 10, 2009 directed to the Open Records Team among others. The communication is in fact, a series of questions which relate in large measure to information the Agency has no jurisdiction over. It is not a communication which triggers the provisions of the Public Information Act (PIA).

It is implicit in several provisions of the PIA that the act applies only to information then in existence within an agency's files. Moreover, the act does not require a governmental body to prepare answers to questions such as those you pose, or do what amounts to legal research. We decline your request to do either of these.

Reference was made in an earlier email that the City of Austin is a probable Agency in enforcing the City of Austin noise ordinance. Contact should be made to the City of Austin.

No documents where provided regarding your request since none exist.

Sincerely,

Jimmy Perry
TCEQ Open Records Team

>>> John McMillan 11/12/2009 4:21 PM >>>

Dear TCEQ Open Records coordinator Perry,

Thank you for your reply note (see below).

Will you at least be willing to state for me whether your State of Texas agency is going to refer to another agency or institution my complaint with you about noise pollution in Austin, including at the workplace, having been and being significantly medically injurious to myself?

Also, would you please confirm for me via E-mail or mail that the E-mail response you sent me in response to my November 10, 2009, Open Records request was a complete and comprehensive response providing me with any and all documents or other items responsive to that Open Records request?

Thank you in advance for your response to these two final follow-up questions at this time.

Sincerely,

John Kevin McMillan of Austin, Texas.

cc: Travis County District Attorney Rosemary Lehmberg.

Texas Workforce Commission Civil Rights Division Director Robert Gomez and his very helpful and alert investigative staff.

Texas Department of State Health Services Noise at the Workplace Investigators.

State Rep. Donna Howard, who helpfully wrote and mailed to me an official Texas Legislature reply letter to me about this matter, a signed official letter I received today in the mail, in which Rep. Donna Howard kindly cited the option for me of my consulting an attorney member of the State Bar of Texas for legal-services assistance on my own behalf that would help to fully protect me from my being subjected at any workplace of mine to constant and continuous noise pollution of a certain type that features non-stop anonymous verbalized communications other than a background "music" system.

State Bar of Texas Executive Director Michelle Hunter, whose State of Texas agency has repeatedly referred me to the Lawyer Referrral Service of Central Texas, with that Lawyer Referral Service most recently advising me to contact the Texas Workforce Commission Civil Rights Division about alleged constant and year-round noise pollution at the workplace in a context that's violative of my own privacy rights.

Texas Department of Regulation and Licensing.

National Organization on Disability.

Texas Department of Aging and Disability Services General Counsel Owens.

John Kevin McMillan

--- On Thu, 11/12/09, Jimmy Perry wrote:

From: Jimmy Perry
Subject: Re: 11-10-09 TCEQ Open Records re: noise pollution damage to myself in Austin
To: "John McMillan"
Date: Thursday, November 12, 2009, 2:13 PM

Mr. McMillan,

TCEQ receives and investigates thousands of environmental complaints each year. However, TCEQ has no jurisdiction over “noise pollution.” As such we do not investigate, nor do we keep track of the numbers of these types of complaints we receive and/or refer.

The City of Austin may have a noise ordinance. We recommend that you contact the City of Austin by dialing 3-1-1. The following link will direct you to the City of Austin website.
http://www.ci.austin.tx.us/

Sincerely,
Jimmy Perry
TCEQ Open Records

>>> John McMillan 11/11/2009 1:47 AM >>>

Dear Mr. Perry at the Texas Commission on Environmental Quality state agency in Austin,

Thank you for your prompt response to my November 10-dated public information request (see below).

Three respectful follow-up questions for you:

(1) Since my public-information request specifically excludes letters or complaints from myself (John Kevin McMillan) to your State of Texas agency, can you tell me at this time whether your state agency has any record of any letter or document or other item from anyone OTHER than myself, and that refers to noise pollution in my own life circumstances in Austin, including at various workplaces of mine through the years, being medically injurious to myself in Austin, Texas.

(2) Why does your reply letter to me (below) indicate that your state agency accepts noise pollution complaints from private citizens, but then add that your State of Texas environmental-protection agency based in Austin, Texas, has no jurisdiction over ANY violations of the law involving noise pollution?

(3) Can my November 10, 2009-dated public-information request to your state agency serve as an official citizen complaint from myself being filed with your TCEQ state agency relating to noise pollution in my own life in Austin, Texas, that I did not cause or authorize or generate, having been over a multi-year and multi-decade period significantly medically injurious to myself in Austin, Texas?

Thank you in advance for your helpful response to each of these three follow-up questions from myself.

Sincerely and Best Wishes,

John Kevin McMillan,
11411 Research Boulevard, Apt. 325, Austin, Texas, 78759.
Home phone: (512) 342-2295.
E-mail: mcmillanj@att.net

cc: Mr. Don Field, Public Information Officer, Austin Police Department.
Texas Attorney General Gregory Abbott, Office of the Attorney General state agency, Austin, Texas.
Travis County District Attorney Rosemary Lehmberg, DA's Office, Austin.
Travis County County Attorney David Escamilla, County Attorney's Office, Austin.
City of Austin City Attorney David Smith, City of Austin, Austin, Texas.
City of Austin City Manager Marc Ott, Office of the City Manager, City of Austin.
Texas Department of Public Safety state agency officials, Austin, Texas.
Texas Workforce Commission Civil Rights Division Director Robert Gomez and his investigative team.
Harvard University Medical School officials, Cambridge, Mass., it being my hope that the pervasive injuriousness to honorable and law-abiding human beings such as myself from their being subjected against their wishes to continuous noise pollution over a multi-year or multi-decade period, including at the workplace, would pose a major concern to Harvard University.
Federal Communications Commission, Washington, D.C.
State Bar of Texas General Counsel Elizabeth Rogers, State Bar of Texas state agency, Austin.
Texas Governor Rick Perry and Assistant General Counsel Chelsea Thornton, who might both be very disappointed to learn from the Texas Commission on Environmental Quality state agency in Austin, that it claims to have no legal authority whatsoever over government-ordered termination or cessation of year-round and continuous noise pollution determined to be significantly medically injurious to a law-abiding and honest and very honorable and consistently civil, single adult male resident of Austin, Texas, such as myself, John Kevin McMillan of Austin.
U.S. Environmental Protection Agency, both in Washington, D.C., and the EPA's regional office in Dallas.
Dallas County District Attorney's Office, the regional office of the EPA being based in Dallas, Texas.
Harris County District Attorney's Office, Houston.
State Senator Kirk Watson of Austin, Senator Watson being a former Mayor of Austin and a distinguished attorney member of the State Bar of Texas. Senator Watson is my duly elected state senator from the Austin area.
United States Department of Commerce officials, Washington, D.C.
Centers for Disease Control, U.S. Government, Atlanta, Georgia.
State Rep. Donna Howard, who through her legislative career has sought to protect and help strengthen the medical health of all of her civil and law-abiding Austin-area constituents, I among those civil and law-abiding constituents of hers.
U.S. Department of Health and Human Services, Washington, D.C.
Texas Department of Licensing and Regulation officials, Austin, Texas.
Texas Department of Insurance officials, Austin, Texas.
Travis County Health and Human Services Director Sheri Fleming.
City of Austin public information coordinator Linda Rivera.
Austin Mayor Lee Leffingwell, whose office has expressed concern to me on the telephone about noise pollution in Austin that's significantly injurious to myself.
U.S. Department of Justice officials, Washington, D.C.
Texas Department of State Health Services state agency, Austin, Texas.
State Senator Jeff Wentworth, chairman of the Senate Committee on Jurisprudence, Texas Legislature.

John Kevin McMillan

--- On Tue, 11/10/09, WWW - OPENRECS wrote:

From: WWW - OPENRECS
Subject: 11-10-09 TCEQ Open Records re: noise pollution damage to myself in Austin
To: "John McMillan"
Date: Tuesday, November 10, 2009, 3:24 PM

Mr. McMillan,

The following response was provided by the TCEQ Region 11 office here in Austin, "We have no record of complaints from this individual. Further, this agency has no jurisdiction in his allegations of "noise pollution."

Sincerely,
Jimmy Perry
TCEQ Open Records Team

>>> John McMillan 11/10/2009 2:29 AM >>>

Public Information Officer,
MC 197,
Texas Commission on Environmental Quality state agency,
State Government of Texas,
12100 Park 35 Circle,
Austin, TX 78753,
Or: Texas Commission on Environmental Quality
Attn: Public Information Officer, MC 197
P.O. Box 13087
Austin, Texas 78711-3087
Office phone: (512) 239-0800
FAX: 239-OPEN (6736).

November 10, 2009

Dear Open Records officials for the Texas Commission on Environmental Quality state agency in Austin,

This is a Texas Open Records request in which I seek to obtain from your State of Texas agency a photocopy or printout of any and all documents or memoranda or computer records or letters or notes or reports or messages generated at any time since January 1, 2000, including on November 9, 2009, and that, in each and every such case, specifically refers to reports or correspondence or rumors or speculations or conclusions or findings or opinions or legal actions or public-policy actions relating to or about the continuous and year-round noise pollution in Austin, Texas, that specifically, in each such case, was cited in that particular context as having specifically caused or as being the specific cause of, or that specifically was cited in that particular context as being expected to possibly cause or definitely cause, significant and permanent damage to the hearing capacity and medical health of myself, John Kevin McMillan of Austin.

Specifically EXCLUDED from the scope of this particular Open Records request are any and all letters or E-mail correspondence that was or were solely written by myself.

My legal name is John Kevin McMillan. I was born on April 27, 1957, at Lincoln, Nebraska. My social security number is....

I have resided in Austin proper on a continuous basis ever since mid-March of 1997. I am a lifelong single gentleman, and I have resided alone in northwest Austin ever since January of 2002.

In the period since January 1, 2000, I have resided at the following addresses in Austin proper:
---2518 Leon Street, Apt. 101, Austin, Texas, 78705 (an apartment complex situated a few blocks from UT-Austin's campus) for all of 2000 and until August of 2001;
---11411 Research Boulevard, Apt. 1638, Austin, Texas, 78759, from August 2001 until January of 2002;
---11411 Research Boulevard, Apt. 325, Austin, Texas, 78759, from January 2002 until the present.

My personal E-mail addresses in the period since 2000 have been: mcmillanj@att.net and jkmcmil@texas.net .

One biological relative of mine, Mrs. Julie McMillan Lechtenberger, who is married to a highly-esteemed Houston-area attorney, Mr. Joseph Dean Lechtenberger, has herself repeatedly informed me over a multi-decade period, both on the telephone and in person, that she has herself actually heard anonymous background "voices" in my own presence----the source or origin of which she herself has never been able to identify, she informed me this year on the telephone----whenever Mrs. Julie McMillan Lechtenberger has observed me in person over the last many years.

One Austin-based ear, nose, and throat specialist, Dr. David Tobey, who has examined me in person inside his ENT medical clinic in northwest Austin on several occasions since 2005, emphatically stated to me in person during an ENT medical exam of myself on April 21, 2009, that Dr. Tobey is very sure that the noise pollution-inflicted permanent damage to my own hearing capacity over a multi-year period in Austin, Texas, was not caused by myself, nor was it authorized by myself or generated by myself, Dr. Tobey helpfully emphasized to me, including during that April 21 medical appointment I had with him.

Dr. David Tobey also informed me during that April 21, 2009, ENT medical examination of myself that the magnitude of the permanent damage to my own hearing capacity and medical health from noise pollution inflicted on me against my own wishes in Austin, Texas, over a multi-year period---including at several workplaces of mine, Dr. Tobey has repeatedly emphasized to me----has been comparable to what a municipal police officer sustains over the course of his entire career, Dr. Tobey stated to me during that April 21, 2009, medical appointment he had made with me.

Dr. David Tobey on June 3, 2009, signed a statement citing me as having myself sustained a "medical disability" in Austin, Texas, specifically involving permanent damage to my own hearing capacity. "High frequency sensorineural hearing loss causing tinnitus and sensitivity to loud sounds in some work environments," Dr. Tobey noted in that "disability documentation" signed statement on my own behalf.

One former roommate of mine in Austin who had roomed with me for about eight months in 2000, himself a University of Texas at Austin Classics Department faculty member in the year 2005, for instance, did state to me on the telephone on my birthday of April 27 in the year 2005, this during a polite phone call I made to his UT-Austin office from my rental apartment in northwest Austin, that he himself hoped that the cited "noise pollution" (exact quote) I again had complained about to that UT-Austin faculty member that day, would itself be terminated very soon, that self-identified native of Italy stated to me in that brief April 27 of 2005 phone conversation we had.

Thank you in advance for your prompt and very thorough and reliable response to this Open Records request from myself.

Sincerely,

John Kevin McMillan,
11411 Research Boulevard, Apt. 325, Austin, Texas 78759.
Home phone: (512) 342-2295.
E-mail: mcmillanj@att.net
Blog: http://www.johnkevinmcmillan.blogspot.com

cc: Environmental Protection Agency officials in Dallas, Texas, care of attorneys for the national headquarters office for the U.S. Government's EPA.
Center for Diseases Control in Atlanta, Georgia.
General Counsel Elizabeth Rogers, State Bar of Texas state agency, Austin, Texas.
United States Department of Justice officials, Washington, D.C.
Texas Department of State Health Services.
Texas Department of Health and Human Services, care of the State Comptroller of Texas state agency in Austin.
U.S. Department of Health and Human Services, Washington, D.C.

TEXAS ATTORNEY GENERAL GREG ABBOTT ISSUES A DECEMBER 16, 2014-DATED OPEN RECORDS CASE RULING FOR THE TRAVIS COUNTY DISTRICT ATTORNEY'S OFFICE IN AUSTIN, TEXAS, IN WHICH THE PUBLIC-INFORMATION REQUESTOR, MYSELF----CRIMINAL-LAW COMPLAINANT JOHN KEVIN MCMILLAN OF AUSTIN, TEXAS, USA----IS MYSELF NEVER ONCE CITED BY NAME ANYWHERE IN THE ENTIRE THREE-PAGE SIGNED LEGAL LETTER CONTAINING THAT OFFICIAL RULING FROM ATTORNEY GENERAL ABBOTT; THE DEC. 16, 2014, RULING REFERS EXCLUSIVELY TO DOCUMENTS OBTAINED OR WRITTEN BY THE DISTRICT ATTORNEY'S OFFICE PUBLIC INTEGRITY UNIT ON A LEGAL COMPLAINT FROM MYSELF, THAT WERE NEITHER WRITTEN BY MYSELF NOR SENT TO THAT OFFICE BY MYSELF


(EDITOR'S NOTE: The following is the exact verbatim text of the December 16, 2014, signed three-page official legal letter from Attorney General of Texas Greg Abbott that contains a ruling that relates to a public-information request from myself, John Kevin McMillan.

Please note that this ruling by Attorney General Abbott of Texas marks the second occasion in recent months that I can currently recall in which Mr. Abbott's public law office of the State Government of Texas has chosen not to ever cite myself, the public-information requestor, by name, in any portion of an official signed legal letter containing a ruling on documents responsive to a public-information request that I myself had submitted to a government-owned agency in Texas.

On Dec. 16, 2014, the Attorney General of Texas mailed to myself, John Kevin McMillan of Austin, a hard copy of the following three-page signed legal letter from that State of Texas agency in Austin, Texas, USA. I received that legal letter from the Attorney General of Texas in my U.S. Postal Service mail delivery of Wednesday, December 17, 2014, to my mailbox at the apartment complex where I reside.

All of the documents that were sought from me in the cited public-information request from myself related to a Travis County District Attorney's Office Public Integrity Unit preliminary possible crime case in which I myself, John Kevin McMillan, was the criminal-law complainant against one or more employees or officers of the Austin Police Department of the City Government of Austin in Austin, Texas, USA.

No official criminal-law complaint identification number was ever at any time assigned to that preliminary possible crime case, according to what I was repeatedly informed in writing by officials of the Travis County District Attorney's Office Public Integrity Unit here in Austin. Instead, a very tentative and "in-house" identification number was assigned to my own civilly-worded legal complaint against one or more employees of the Austin Police Department, according to Travis County District Attorney's Office Public Integrity Unit officials here in Austin.)

__________________
December 16, 2014

Ms. Elizabeth Hanshaw Winn
Assistant County Attorney
County of Travis
P.O. Box 1748
Austin, TX 78767

(RE:) OR (Open Records) 2014-22836

Dear Ms. Winn:

You ask whether certain information is subject to required public disclosure under the Public Information Act (the "Act"), chapter 552 of the Government Code. Your request was assigned ID# 547142.

The Travis County District Attorney's Office (the "district attorney's office") received a request for information pertaining to the requestor. You claim the submitted information is excepted from disclosure under sections 552.108 and 552.111 of the Government Code. We have considered the exceptions you claim and reviewed the submitted representative sample of information.(footnote 1) ((FOOTNOTE 1 EXACT VERBATIM TEXT:) We assume that the "representative sample" of records submitted to this office is truly representative of the requested records as a whole. See Open Records Decision Nos. 499 (1988), 497 (1988). This open records letter does not reach, and therefore does not authorize the withholding of any other requested records to the extent that those records contain substantially different types of information than that submitted to this office.))

Initially, we note the submitted information is subject to section 552.022 of the Government Code. Section 552.022(a) provides, in relevant part:

(a) [T]he following categories of information are public information and not excepted from required disclosure unless made confidential under this chapter or other law:

(1) a completed report, audit, evaluation, or investigation made of, for, or by a governmental body, except as provided by Section 552.108[.]

Gov't Code 552.022(a)(1). The submitted information is part of a completed investigation that is subject to section 552.022(a)(1). Thus, the district attorney's office must release the submitted information pursuant to section 552.022(a)(1) unless it is excepted from disclosure under section 552.108 of the Government Code or is made confidential under the Act or other law. See id. You seek to withhold the information subject to 552.022(a)(1) under section 552.111 of the Government Code. However, section 552.111 is discretionary in nature and does not make information confidential under the Act. See Open Records Decision Nos. 665 at 2 n.5 (2000) (discretionary exceptions generally), 663 at 5 (1999) (waiver of discretionary exceptions), 470 at 7 (1987) (statutory predecessor to section 552.111 subject to waiver). Therefore, the information subject to section 552.022(a)(1) may not be withheld under section 552.111 of the Government Code. However, as information subject to section 552.022(a)(1) may be withheld under section 552.108 of the Government Code, we will consider your argument under section 552.108 for the submitted information.

Section 552.108(a)(2) of the Government Code excepts from disclosure information concerning an investigation that did not result in conviction or deferred adjudication. See Gov't Code 552.108(a)(2). A governmental body claiming section 552.108(a)(2) must demonstrate the requested information relates to a criminal investigation that has concluded in a final result other than a conviction or deferred adjudication. See id. 552.301(e)(1)(A) (governmental body must provide comments explaining why exceptions raised should apply to information requested). You state the submitted information relates to a concluded investigation that did not result in conviction or deferred adjudication. Based on your representation and our review, we find section 552.108(a)(2) of the Government Code is applicable to the submitted information. Accordingly, the district attorney's office may withhold the submitted information under section 552.108(a)(2) of the Government Code.

This letter ruling is limited to the particular information at issue in this request and limited to the facts as presented to us; therefore, this ruling must not be relied upon as a previous determination regarding any other information or any other circumstances.

This ruling triggers important deadlines regarding the rights and responsibilities of the governmental body and of the requestor. For more information concerning these rights and responsibilities, please visit our website at http://www.texasattorneygeneral.gov/open/orl_ruling_info.shtml, or call the Office of the Attorney General's Open Government Hotline, toll free, at (877) 673-6839. Questions concerning the allowable charges for providing public information under the Act may be directed to the Office of the Attorney General, toll free, at (888) 672-6787.

Sincerely,

Cristian Rosas-Grillet
Assistant Attorney General
Open Records Division

CRG/cbz

Ref. ID# 547142

Enc. Submitted documents

c. Requestor
(w/o enclosures)
___________

(EDITOR'S NOTE: THE FOLLOWING IS THE EXACT VERBATIM TEXT OF MY SEPTEMBER 26, 2014, TEXAS OPEN RECORDS E-MAIL REQUEST TO THE TRAVIS COUNTY DISTRICT ATTORNEY'S OFFICE IN AUSTIN, TEXAS, USA, THAT PROMPTED THE TRAVIS COUNTY ATTORNEY'S OFFICE ON BEHALF OF THE TRAVIS COUNTY DISTRICT ATTORNEY'S OFFICE TO SUBMIT A FORMAL REQUEST IN WRITING TO TEXAS ATTORNEY GENERAL GREGORY ABBOTT THAT HE GRANT THE DA'S OFFICE IN AUSTIN OFFICIAL PERMISSION TO WITHHOLD FROM MYSELF AND THE GENERAL PUBLIC NUMEROUS CITED LEGAL DOCUMENTS THAT WERE, IN FACT, RESPONSIVE TO THE FOLLOWING PUBLIC-INFORMATION REQUEST FROM MYSELF.---JKM)

From: John McMillan [mailto:mcmillanj@att.net]

Sent: Friday, September 26, 2014 1:06 AM

To: Nicole Waggoner; Dallas City Attorney's Office; U.S. Attorney's Office Western District of Texas; Federal Bureau of Investigation San Antonio Div. Austin office; rangers@dps.texas.gov; rangers@txdps.state.tx.us; Jesse Valdez; Attorney General of TX Criminal-Law Division Captain Gregory Lucas; KEYE Investigative Reporter Adam Asracusin; CBS News '60 Minutes' Editors and Reporters; KEYE TV Pedro Garcia; Fox 7 (Austin TX) TV News; investigates@kxan.com; news@statesman.com; Bennie DiNardo Boston Globe; Miami Herald Letters to Editor; DMN Editor Bob Mong; DMN State Editor Mark Edgar; Dallas Morning News Reporter Christy Hoppe; Austin Chronicle Editors; Center for Investigative Reporting; Journal of Crime and Justice; U.S. Department of Homeland Security; U.S. Dept of Justice; public.information@texasattorneygeneral.gov; Sunset Valley Police Dept. Lt. Richard Andreucci; David Escamilla; City Attorney Karen Kennard City of Austin (TX); Austin Police Association; Michael Lasorsa; Sam Biscoe

Subject: 9-26-14 DA's Office Open Records re: PIU Case 9655-13

September 26, 2014

Dear Travis County District Attorney's Office Open Records Coordinator Waggoner,

This is a Texas Open Records request in which I seek to obtain from you a photocopy or copy or printout of the text of any and all phone messages, the text per se of any and all voice-mail recorded statements, any and all e-mail notes or E-mail letters, letters, findings, and other documents that were each obtained by or received by or sent to or sent by or mailed by or generated by or compiled by the Travis County District Attorney's Office Public Integrity Unit (PIU) in connection with a possible or actual criminal-law case in which I myself, John Kevin McMillan of Austin, was a cited criminal-law complainant------a PIU case that was originally identified with the tentative in-house identification number of 9655-13.

EXCLUDED from the scope of this public-information request are any and all e-mail letters or letters or voice-mail messages or phone messages or other items that were submitted by or E-mailed by or FAXED by or mailed by myself, John Kevin McMillan, or that were already received by or sent to or provided to left for myself, John Kevin McMillan of Austin, in connection with the cited possible Travis County DA's Office Public Integrity Unit case.

Travis County District Attorney's Office Public Integrity Unit Sergeant Investigator Lori Carter was the cited investigator for the possible PIU case to which I refer. Travis County Assistant District Attorney Rob Drummond of your Public Integrity Unit served as the prosecuting attorney for that case.

My legal name is John Kevin McMillan. I was born on April 27, 1957, at Lincoln, Nebraska. My social security number is: ..... I am a lifelong single gentleman. I am also a longtime celibate-by-choice adult white non-Hispanic gentleman of English, Scottish, and German ancestry.

I lead a permanently alcohol-free and always-sober and platonically polite lifestyle in which I never consume any tobacco product or any marijuana or any other illicit drug. I might add that I have not consumed any quantity of drinking alcohol on any occasion since the late summer of 1990. I have never consumed any tobacco product on any occasion in my entire life. I have never consumed any quantity of marijuana on any occasion since the late fall of 1984. I have never consumed any illicit drug other than marijuana on any occasion in my entire life.

I have been completely and fully celibate throughout any and all of my own conscious or waking hours ever since and including the date when I moved into my current apartment unit, Apartment 325 at Wind River Crossing Apartments in northwest Austin, in January of 2002.

I am a certified direct descendant of the Rev. William Brewster, who himself served as head chaplain on the Mayflower. Rev. Brewster also served the first full-term Puritan Governor of what is now the U.S. state of Massachusetts.

I have resided at 11411 Research Boulevard, Wind River Crossing Apartments, Building 3, Apartment 325, on a continuous and uninterrupted basis ever since January of 2002. Wind River Crossing Apartments are reportedly owned and managed by the nationwide for-profit realty corporation Westdale, which is reportedly headquartered in Dallas, Texas.

Thank you in advance for your prompt and thorough and very diligent and authoritative reply letter providing me with any and all responsive documents.

In that regard, please let me know as soon as possible if you anticipate that the total administrative processing fee you plan to charge me on this might exceed $10. That information from you would enable me to consider narrowing the scope of this public-information request in order to limit my own expenses on this to no more than $10.

Sincerely and Best Wishes,

John Kevin McMillan.

11411 Research Boulevard, Wind River Crossing, Building 3, Apt. 325, Austin, Texas, 78759.

Home phone: (512) 342-2295.

My Blog: http://www.johnkevinmcmillan.blogspot.com

John Kevin McMillan

Wednesday, December 17, 2014

STATE OF TEXAS BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS STATE GOVERNMENT AGENCY OFFERS ME NO REPLY OF ANY TYPE TO SEPT. 19, 2011, E-MAIL FACTUAL INQUIRY FROM ME RELATING TO ALLEGED CONTINUOUS AND CONTINUING DAILY-AND-YEAR-ROUND ANAL-RAPE-CRIMES CASE IN AUSTIN, TEXAS, USA, IN WHICH IN WHICH I MYSELF WAS, AND STILL AM TO THIS VERY TODAY, THE SELF-IDENTIFIED CELIBATE-BY-CHOICE, PERMANENTLY-ALCOHOL-FREE, CIVIL AND LAW-ABIDING, SINGLE ADULT WHITE MALE VICTIM OF ALLEGED FELONY CRIMES ALLEGEDLY INFLICTED ON ME DURING MY SLEEP AGAINST MY WISHES AS I LIE ALONE ON AN ORTHOPEDIC BED THAT I MYSELF OWN INSIDE MY BOLT-LOCKED PRIVATE BEDROOM OF MY BOLT-LOCKED APARTMENT UNIT IN THE NORTHWEST SECTION OF AUSTIN, TEXAS, USA



----- Forwarded Message ----
From: John McMillan

To: lpc@dshs.state.tx.us; State Rep. Donna Howard ; APD Open Records Coordinator Don Field ; Texas Attorney General Open Records ; "Governor's Office of Texas, Open Records Administrator" ; StateSenatorKirkWatson ; Travis County District Attorney Rosemary Lehmberg ; Texas DPS Director Lamar Beckworth ; CountyAttorneyDavidEscamilla ; StateComptrollerSusanCombs ; Civil Rights Office Texas Health Human Services Commission ; U.S.Dept.ofJustice ; FBI National Academy Officials

Sent: Mon, September 19, 2011 5:06:43 PM

Subject: 9-19-11 question for the State Board of Examiners of Professional Counselors

To: Officials of the Texas State Board of Examiners of Professional Counselors of the Texas Department of State Health Services state agency of the State Government of Texas in Austin.

Your state board's office phone number: (512) 834-6658.

September 19, 2011

I am writing to your authoritative Texas State Board of Examiners of Professional Counselors to pose one hopefully-polite and very important question.

Does state law in Texas (or any other applicable law of which you are aware, for that matter) permit any psychiatrist or any psychologist or any social worker or any other mental health professional operating anywhere in Texas to sponsor or authorize or order any form of sexual activity or sexual penetration involving a Texan resident that occurs in a context that violates the privacy rights of a Texan "client" or Texan "patient" or a Texas resident being subjected to that sex, or that occurs in a context that subjects a Texan resident to sex or sexual penetration of himself or herself in a context that he or she has directly stated he or she DOES NOT want, and that he or she does, in fact, in a law-abiding and civil manner OPPOSE.

Sincerely,

John Kevin McMillan, a current criminal-law complainant with the Austin Police Department in Austin, Texas.
My mailing address: 11411 Research Boulevard, Apt. 325, Austin, Texas, 78759.
Home phone: (512) 342-2295.
Blog: http://www.johnkevinmcmillan.blogspot.com

cc: State Rep. Donna Howard, with a special thank you to Eleanor of Rep. Howard's staff for discussing this issue with me today on the telephone.
__________
(EDITOR'S NOTE: BELOW IS A FOLLOW-UP LETTER I WROTE AND SENT TO MY DULY ELECTED STATE LAWMAKER, STATE REPRESENTATIVE DONNA HOWARD, IN WHICH I MENTIONED THAT THE STATE OF TEXAS BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS HAD NOT SENT ME ANY REPLY LETTER IN RESPONSE TO MY SEPTEMBER 19, 2011, E-MAIL LETTER I WROTE AND SENT TO THAT STATE GOVERNMENT OF TEXAS AGENCY. --- JKM)

----- Forwarded Message ----
From: John McMillan

To: State Rep. Donna Howard Constituent Services Dr. Scott Daigle ; State Rep. Donna Howard ; AMA Council on Ethical&JudicialAffairs ; AMA Council on Science and Public Health ; AMA Foundation Exec Dir Churchill ; TexasMedicalAssociation ; Massachusetts Medical Society (Waltham) ; Travis County Medical Society ; University of Texas Medical Branch-Galveston ; UT-AustinAssocLegalVPLeeSmith ; Texas Monthly Story-Assignments Editor John Broders ; DMN Editor Bob Mong ; "Governor's Office of Texas, Open Records Administrator" ; Civil Rights Office Texas Health Human Services Commission ; State Bar of Texas Exec. Dir. Michelle Hunter ; CountyAttorneyDavidEscamilla ; Travis County District Attorney Rosemary Lehmberg ; APD Open Records Coordinator Don Field ; StateComptrollerSusanCombs ; Texas Department of Health and Human Services Ombudsman ; Texas Dept of State Health Services Privacy Officers ; TX Dept of State Health Services Legal Complaints ; Texas DPS Director Lamar Beckworth ; TDCJ General Counsel Rep. Patricia Fleming ; TDCJ Employee Relations Intake Officer ; U.S. Dept. of Housing and Urban Devlpt (TX regional office) ; U.S. Dept of Justice ; Office of the Attorney General of Texas Crime Victims Assistance Office ; "Anti-Stalking Resource Center, Natl Center for Victims of Crime" ; National Center for Victims of Crime ; "City Attorney's Office, Austin, TX, Julie Brossette, Asst. to City Attorney" ; CityManagerMarcOtt ; Council Member Chris Riley ; Council Member Sheryl Cole ; Council Member Bill Spelman ; Council Member Chris Riley ; Council Member Mike Martinez ; CountyCommissionerSarahEckhardt ; CountyJudgeSam Biscoe ; ACLU of Texas ; Texas A&M Asst. Vice Chancellor David Rejino ; U.S. Marshals Service (Justice Dept.) ; ABA Fund for Justice and Education ; Carter Center for Human Rights ; USDeptofHealthHuServicesCivilRightsOffice

Sent: Wed, September 21, 2011 1:26:03 PM

Subject: Fw: 9-19-11 question for the State Board of Examiners of Professional Counselors

To: Scott Daigle, Director of Constituent Services, and State Rep. Donna Howard of the Texas Legislature.

Dear Scott and Rep. Howard,

I have not received any reply letter from the following State of Texas agency in response to the following E-mail letter I wrote and sent that posed a very reasonable question to that State of Texas agency.

As a law-abiding and gainfully employed single adult male constituent of Rep. Howard, I would appreciate any assistance on this that you are willing to offer me in eliciting a signed reply letter from that State of Texas agency.

Sincerely and Best Wishes,

John Kevin McMillan, a current criminal-law complainant with the Austin Police Department in Austin, Texas, who has myself repeatedly and over a multi-month period, including in September 2011, complained to the Austin Police Department in the period ever since April 28, 2011, in particular, that one or more persons unbeknownst to myself have or has allegedly and repeatedly broken into my apartment unit in an illegal manner on their part and have or has allegedly subjected me to alleged forcible sodomy and alleged sexual molestation of myself and alleged physical abuse of myself and alleged physical torture of myself ---often disruptive of my deep sleep or REM sleep, and causing me to wake up with a sensation of pain in my anus in the middle of my deep sleep period---- during my nocturnal sleep at a time when I was completely unconscious and probably snoring while sleeping alone without any invited guest inside my bolt-locked and fully locked one-bedroom apartment unit in northwest Austin.

Ever since early June 2011, most recently, I have been the only individual authorized in my lease agreement with the first-rate Wind River Crossing apartment management team to reside inside my one-bedroom apartment unit at Wind River Crossing.

My only previous roommate at this apartment unit, a self-identified Indonesian citizen, moved out in late May 2011 after living with me ever since mid-April, and his name was permanently removed from the lease agreement for this apartment unit.

The Austin Police Department thus far has refused on any occasion since April 29, 2011, to do any additional DNA medical testing on my anal cavity or anus in connection with the alleged violations of my privacy rights comprising an alleged and very flagrant sex crime on the part of the perpetrator of that alleged crime.

I wish to politely emphasize that I lead a completely and permanently illicit-drug-free, marijuana-free, tobacco-free, and alcohol-free lifestyle, in the complete absence of any prior addiction to any of those substances on my part. I have not had any invited overnight guests per se or any invited early-morning guests per se inside my apartment unit on any occasion in the entire period since I moved into this apartment unit in January 2002. I have always slept alone on a bed that I own throughout the entire period since I moved into this one-bedroom apartment unit in Austin, Texas, in January 2002.

My mailing address: 11411 Research Boulevard, Apt. 325, Austin, Texas, 78759.
Home phone: (512) 342-2295.
Blog: http://www.johnkevinmcmillan.blogspot.com

John Kevin McMillan

Monday, December 15, 2014

U.S. CONGRESSMAN MICHAEL MCCAUL, MY DULY ELECTED REPRESENTATIVE IN THE U.S. HOUSE, IN A DECEMBER 21, 2007, SIGNED OFFICIAL REPLY LETTER TO ME STATES THAT REP. MCCAUL REFUSES TO PROVIDE ME WITH ANY OF THE DOCUMENTS ON FILE WITH ANY OF HIS CONGRESSIONAL OFFICES IN TEXAS AND D.C. THAT ARE IN FACT RESPONSIVE TO MY DEC. 10, 2007, FEDERAL FREEDOM OF INFORMATION ACT REQUEST IN WHICH I HAD SOUGHT DOCUMENTS FROM HIM REFERRING TO MYSELF OR TO MY ONE-MEMBER (MYSELF ONLY) AND NON-CHRISTIAN AND FULLY INDEPENDENT, ANTI-ALCOHOL, ANTI-TOBACCO, AND ANTI-MARIJUANA PROGRESSIVE PROHIBITIONIST RELIGION



(EDITOR'S NOTE: THE DEC. 10, 2007, FEDERAL FREEDOM OF INFORMATION ACT REQUEST THAT I WROTE AND SUBMITTED TO MY DULY ELECTED CONGRESSMAN AT THAT TIME, U.S. REPRESENTATIVE MICHAEL MCCAUL, SPECIFICALLY STATED IN WRITING THAT THE SCOPE OF MY PUBLIC-INFORMATION REQUEST INCLUDED: "a January 24, 2007-dated official reply letter to yourself (Congressman McCaul), with 'Attn: Kris Parker' having been added just before the actual text of that letter-----a letter that referred to myself, John K. McMillan of Austin, and that was written and signed by Mr. Michael A. Battle, Director of the Executive Office for United States Attorneys of the United States Department of Justice in Washington, D.C.)

----- Forwarded Message -----

To: Congressman Michael McCaul, United States House of Representatives, United States Congress, Washingon, D.C.

December 25, 2007

Dear Congressman McCaul,

Thank you for your December 21, 2007-dated and signed reply letter to my recent Federal Freedom of Information Act request----a reply letter on your behalf, addressed to myself at my cited residential address in Austin, that was signed by Kris Parker, Constituent Services Coordinator for yourself, who is based in Austin, Texas.

Your December 21-dated reply letter to myself states, and I quote verbatim from the second paragraph and third paragraph your three-paragraph reply letter: "The Freedom of Information Act applies only to agencies of the United States as defined therein. The Act specifically excludes Congress from its definition of an agency. See 5 U.S.C. 551a(1), 552(f). This exclusion is grounded in separation of powers concerns as well as Congress' constitutional immunities from outside questioning and interference. Accordingly, the Congressman is not subject to the Act and must decline to produce the information you requested.

"Thank you for your attention.

"Sincerely,

"Kris Parker "Constituent Services Coordinator."

Congressman McCaul, I would like to respectfully pose two hopefully-polite follow-up questions to yourself:

(1) During your entire multi-term tenure in the United States Congress, have you ever at any time provided ANY other constituent of yours anywhere in Texas with any photocopies of any documents fitting the description that that particular constituent provided you through a Federal Freedom of Information Act-authorized request he or she had initiated?

(2) Are you aware that Congressman Lloyd Doggett of the Austin area and United States Senator Edward Kennedy of Massachusetts have each sent me respective reply letters in recent years in response to separate Federal Freedom of Information requests of mine, and that each of those respective members of Congress stated to me in their reply letter to myself that they have no documents responsive to my Federal Freedom of Information request, and that neither of those two respective members of the U.S. Congress cited any exemption from the law on their part in their response to my public-information request.

Thank you again for your December 21, 2007-dated and signed reply letter, which I received from the U.S. Postal Service at my residential mailbox in northwest Austin on Christmas Eve, December 24.

I hope that your Holiday Season and New Year prove to be joyous and creatively fulfilling for yourself and all of your law-abiding constituents.

Sincerely and Best Wishes,

John Kevin McMillan,
11411 Research Boulevard, Apt. 325, Austin, Texas, 78759.
Home phone: (512) 342-2295.
E-mail: mcmillanj@att.net

cc: "Dallas Morning News" Austin Bureau Reporters Terry Stutz and Christy Hoppe, and Editor Bob Mong.
Texas Attorney General Gregory Abbott, in the hope that some official in his Open Records Division will be interested in this matter.
Texas Secretary of State's Office General Counsel Dyer, Secretary of State's Office, Austin.
State Comptroller Susan Combs, Office of the State Comptroller of Texas state agency, Austin.
Republican National Committee Officials, Washington, D.C.
Republican National Committee State Executive Committee Members in the Austin area.
Austin City Attorney David Smith, City Attorney's Office, Austin.
Travis County District Attorney Ronald Earle, DA's Office, Austin.
Ms. Norma Hilbig, Strategic Prosecution Division, DA's Office, Austin.
United States Congressman Lloyd Doggett, United States Congress, Washington, D.C.
State Senator Jeff Wentworth of San Antonio, Senate Committee on Jurisprudence, Texas Legislature.
State Bar of Texas Executive Director John Edwards, State Bar of Texas state agency, Austin.
Travis County County Attorney David Escamilla, County Attorney's Office, Austin.
Travis County Judge Sam Biscoe, County Judge's Office, Austin.
Travis County Commissioner Sarah Eckhardt, County Commissioner's Office, Austin.
Editors at "Commentary" magazine, a thoughtful and idealistic monthly magazine to which I have recently paid for an annual subscription, it being my hope that the cited "exempt from the law" doctrine for members of the U.S. Congress that Congressman McCaul is claiming to have would be of interest to the editors of that very influential publication.
Editors at "Christian Science Monitor," another publication to which I have a current subscription.
State Senator Kirk Watson, Texas Senate, Texas Legislature, Austin.
State Rep. Donna Howard, Texas House of Representatives, Texas Legislature, Austin.
Texas Governor Rick Perry, Office of the Governor, State of Texas, Austin.
Various Cited federal agencies as well, in the hope that they will refer this legal correspondence to the U..S. Department of Justice and any applicable congressional oversight committees for review of this matter.

Note: forwarded message attached.

John Kevin McMillan
----- Forwarded Message -----

Congressman McCaul,
Please confirm for me via an E-mail reply letter that you have received the following (attached ) Federal Freedom of Information request from myself.

Sincerely and Best Wishes,
John Kevin McMillan of Austin.

cc: United States Department of Health and Human Services Officials in Washington, D.C.
United States Department of Education Officials in Washington, D.C.
Securities and Exchange Commission officials, New York City, New York.

Note: forwarded message attached.

John Kevin McMillan
---
To: United States Representative Michael McCaul,
The United States House of Representatives,
The United States Congress,
Washington, D.C. 20515-4310
Office phone in D.C.: (202) 225-2401
Austin office: (512) 473-2357

December 10, 2007

Dear Congressman McCaul,

This is a Federal Freedom of Information Act request in which I seek to obtain from yourself a photocopy of any and all letters, reports, notes, E-mail communications, memoranda, pieces of legislation you sponsored or contemplated sponsoring, computer records, published documents, handwritten messages, or any other items that, in each such case, refers at least once to myself, John Kevin McMillan, in any manner or any way, and/or refers at least once to my Progressive Prohibitionist Religion or Progressive (Prohibitionist) Religion, in any manner or any way, and that, in each such case, has been received or stored or generated or authored or written or noted or compiled or published or printed or word-processed at any time since January 1, 2005, by any staff member or official --- including yourself, Congressman McCaul ---- who is or was situated at or employed at any of your various congressional offices, including your office in Washington, D.C., your office in Austin, your office in Houston, your office in Tomball, Texas, and your office in Brenham, Texas.

Included in the scope of this Freedom of Information request are the June 18, 2007-dated official reply letter to myself, John K. McMillan of Austin, that was signed by "Kris Parker, Casework Manager" for yourself; a January 24, 2007-dated official reply letter to yourself, with "Attn: Kris Parker" having been added just before the actual text of that letter-----a letter that referred to myself, John K. McMillan of Austin, and that was written and signed by Mr. Michael A. Battle, Director of the Executive Office for United States Attorneys of the United States Department of Justice in Washington, D.C.; a January 31, 2007-dated and signed official reply letter to myself that was written and signed by yourself, Congressman Michael McCaul; a January 8, 2007-dated and signed official reply letter to myself that was written and signed by yourself, Congressman McCaul; a November 29, 2006-dated and signed official reply letter from yourself that also contains your signature; and the November 27, 2006-dated reply E-mail letter to myself on your behalf that cited a district intern of yours named "Jennifer Johnson" as the apparent author or co-author of that reply E-mail letter to myself, John Kevin McMillan of Austin.

SPECIFICALLY EXCLUDED from the scope of this public-information request are any and all items that were written by myself, John Kevin McMillan, or that were initially provided to you by myself, John Kevin McMillan.

My legal name is John Kevin McMillan, and I am a law-abiding and gainfully employed single adult male constituent of yours. I have never been married at any time in my entire life thus far.

Also, I have resided alone for the vast majority of my adult life thus far. In fact, I have never myself lived in the same residence with another person for more than nine consecutive months at any time during my entire adulthood thus far.

My social security number is .... I was born on April 27, 1957, at Lincoln, Nebraska. I have resided at 11411 Research Boulevard, Apt. 325, Austin, Texas, 78759, ever since early 2002. My residential phone number throughout the entire period since early 2002 has always been: (512) 342-2295. My E-mail addresses in the period since January 1, 2004, have been: jkmcmil@texas.net and, more recently, mcmillanj@att.net . The only E-mail address for myself that I use at present is mcmillanj@att.net.

Among the insights and findings that I hope to glean through this Freedom of Information Act request are:

---Does Congressman McCaul have any evidence indicating any intrusive or manipulative involvement in my own life or life circumstances by any media company, civic group, religious group, educational institution, government agency, business entity, or any other entity of any type?

----Does Congressman McCaul have any evidence indicating that I myself have been subjected to any anonymous communications, any fraudulent communications, or any obscene verbalized communications in any context impinging on my own privacy rights?

----Has Congressman McCaul had any communications with the Travis County District Attorney's Office in Austin, Texas, in regard to the "John McMillan" criminal-law file that was officially established by paralegal Norma Hilbig of that DA's Office's Strategic Prosecution Division in January of 2006, with Ms. Hilbig emphasizing to myself over the telephone in 2006 that that very same criminal-law file would be used for my own benefit, and would be consulted by Travis County District Attorney Ronald Earle in Austin in the event that any person ever at any future time allegedly commits a felony crime in any context victimizing myself, John Kevin McMillan of Austin.

----Does Congressman McCaul concur with the emphatically stated view of a State Bar of Texas member, University of Texas at Austin Law School Alumnus John F. Campbell of Campbell & Morgan Law Firm, who stated to me one day in the late 1990s during an in-person consultation I had with Mr. Campbell inside his downtown Austin law firm during a period in which his legal services were paid in part by the Westlake Hills-based Texas Legal Protection Plan legal-aid service in which I have been a dues-paying member ever since 1997, that "if there is indeed an ongoing verbal harassment of yourself (John K. McMillan of Austin) somehow occurring in Austin these days, such as might occur from the use of sophisticated electronic or media technology, that would comprise adequate proof for myself, attorney John F. Campbell, that someone is trying to kill (sic) you (sic), John (sic)!" (approximate quote), attorney John F. Campbell suddenly declared to myself with emphasis as he sat across from me at a conference table during a two-person meeting we had that day inside his law firm office.

----Does Congressman McCaul agree with my own emphatic view, and with the view as well of an ear nose and throat specialist in northwest Austin, Dr. David Tobey, whom I consulted a few years ago about the matter, that persistent and year-round noise pollution in Austin, Texas, ever since I moved back to Austin in mid-March of 1997, most recently, has been significantly injurious to my own medical health, including to my own hearing capacity, in particular.

---Does Congressman McCaul have any reason to believe that any government-owned institution or any government agency at any level of government, possibly including at the federal level, may possibly have wronged myself, John K. McMillan, in any noteworthy manner at any time?

---Does Congressman McCaul have any evidence indicating that any private-sector institution, such as non-profit religious group or some other non-profit organization, may have allegedly abrogated the authority of one or more law-enforcement agencies by subjecting myself, John Kevin McMillan, to circumstances and "living conditions" that allegedly comprised a defacto form of incarceration or a defacto form of punishment or a defacto form of litigation against myself, or a defacto form of criminal-prosecution of myself, each without any formal allegation against myself at any time.

----Does Congressman McCaul have any evidence indicating that my due-process Constitutional rights, my freedom of speech legal rights, my freedom of association legal rights, my freedom of religion legal rights, or my freedom of assembly legal rights, among other legal or Constitutional rights of mine, were violated in any way by any entity or business enterprise?

---Does Congressman McCaul concur with my own emphatic view and legal position that partly because I am myself morally and aesthetically straight and observably masculine and facially cleanshaven and clean-talking and tattoo-less and jewelry-less and platonically polite and politely aggressive and civil and law-abiding, all without any prior addiction on my part to any illicit drug or alcohol or tobacco product, I have a legal right to pursue a life in which I exhibit a lawful form of heterophilia in regard to which adult men, in particular, I am most likely to myself be politely inclusive toward and friendly and generous toward in my own overall life and career.

---Does Congressman McCaul have any evidence indicating that any gay media company or any gay group or any gay militants, or any gay- or lesbian- or transsexual-dominated terrorist organization of any type, has allegedly stalked or verbally harassed or allegedly tortured or otherwise wronged myself, John Kevin McMillan, in any way?

----Does Congressman McCaul have any evidence indicating that any government-owned institution or any private-sector employer or corporation, or any individual, has failed in any way to fully acknowledge that I myself, John Kevin McMillan, am consistently law-abiding; honest; honorable; friendly and cheerful and naturally generous toward a wide range of people; conscientious; talented; intelligent; intellectually motivated, psychologically healthy; medically healthy; and athletically talented.

Thank you in advance, Congressman McCaul, for your prompt and very helpful reply letter in response to this Freedom of Information request from myself.

Sincerely and Best Wishes,

John Kevin McMillan,
11411 Research Boulevard, Apt. 325, Austin, Texas, 78759.
Phone: (512) 342-2295.
E-mail: mcmillanj@att.net

cc: State Bar of Texas Executive Director John Edwards, as a courtesy to that state agency in Austin since one of its very distinguished attorney members, University of Texas at Austin Law School Alumnus John F. Campbell of the Austin area, is quoted by myself in this legal letter from myself.

Sunday, December 14, 2014

AUSTIN POLICE DEPARTMENT SERGEANT MICHAEL KING OF APD'S 'CRISIS INTERVENTION TEAM', HIMSELF MY APD-DESIGNATED 'APD LIAISON' AT THAT TIME, INDICATES IN JULY 8, 2014, E-MAIL REPLY LETTER TO ME THAT SGT. KING DISPUTES THE ACCURACY OF MY CRIME REPORTS TO HIM ABOUT SOMEONE OTHER THAN MYSELF ALLEGEDLY BEING PHYSICALLY PRESENT INSIDE MY BOLT-LOCKED BEDROOM OF MY BOLT-LOCKED APARTMENT UNIT DURING MY BEDTIME HOURS




(EDITOR'S NOTE: THE OFFICIAL E-MAIL ADDRESS FOR SERGEANT MICHAEL KING OF THE AUSTIN POLICE DEPARTMENT OF THE CITY GOVERNMENT OF AUSTIN --- AUSTIN BEING THE CAPITAL CITY OF THE U.S. STATE OF TEXAS --- IS: MICHAEL.KING@AUSTINTEXAS.GOV .

THE OFFICIAL E-MAIL ADDRESS FOR THE CURRENT AUSTIN POLICE CHIEF, MR. ART ACEVEDO, IS: ART.ACEVEDO@AUSTINTEXAS.GOV .)
_____


King, Michael
To
me (John Kevin McMillan) lori.carter@co.travis.tx.us Travis County District Attorney Long, Tara Austin Police Association Travis County Sheriff's Office Paralegal Michael Lasorsa Gregory.Lucas@texasattorneygeneral.gov Texas Rangers Division of DPS Texas Rangers Division DPS U.S. Department of Homeland Security public.information@texasattorneygeneral.gov

CC
Turner, James

Jul 8 (2014)

John

After reviewing your email I didn’t see anything that leads me to believe someone entered your room. You state it was locked and everything is like all the accounts from past stories you have told me over the years.

John as we have previously discussed please explore the possibility this is something else and allow me to set up an appointment with someone who can try to help you.

Sgt. King

----

From: John McMillan [mailto:mcmillanj@att.net]
Sent: Tuesday, July 08, 2014 1:08 AM
To: King, Michael; lori.carter@co.travis.tx.us; Travis County District Attorney; Long, Tara; Austin Police Association; Travis County Sheriff's Office Paralegal Michael Lasorsa; Gregory.Lucas@texasattorneygeneral.gov; Texas Rangers Division of DPS; Texas Rangers Division DPS; U.S. Department of Homeland Security; public.information@texasattorneygeneral.gov
Subject: 7-7-14 crime report for APD re: 3:45 a.m. incident this Monday

July 7, 2014

Dear APD Sergeant King,

This Monday morning, July 7, I was abruptly awakened in the middle of my sleep at about 3:45 am. that morning as I lay alone on my orthopedic Swedish Tempurpedic bed inside my bolt-locked private bedroom of Apartment 325 at Wind River Crossing.

.... I was awakened with pain or discomfort in my anus at about 3:45 a.m. this Monday, July 7...

...I chose not to make (a) 311 phone call (crime report), partly because APD officers have repeatedly warned me in the last few years that APD will NOT be willing to officially authorize any forensic medical exam on me at any time in the present or future in response to my identifying myself as a rape victim.

It also seemed to me at about 3:45 a.m. this Monday. July 7, that if I had filed a crime report with APD about an alleged illegal intruder or trespasser inside my bolt-locked bedroom, one or more APD officers might attempt to "punish" me or "retaliate" against me in some allegedly injurious manner that might undermine my ability to hold onto my jobs and pay my bills. I am low-income, and I work seven days per week in order to attempt to pay my bills each month.

Sergeant King, would you be wiling to please clarify for me at this time whether APD is currently reviewing, or is at least currently willing to consider reviewing, APD's prior "official APD finding" that in the entire period since June 1, 2011, for instance, there has never been any alleged illegal intruder or any alleged illegal trespasser inside my bolt-locked private bedroom of Apartment 325 at ANY time during periods when I myself am asleep and lying unconscious on my bed?

I hope to hear from you soon on this.

Sincerely and Best Wishes,

John Kevin McMillan, self-identified single adult white male crime victim inside my bolt-locked apartment unit at the Westdale-managed Wind River Crossing Apartments.

I am also the current criminal-law complainant in Travis County District Attorney's Office Public Integrity Unit Case 9655-13, with Lori Carter the first-rate Sergeant Investigator for that case.

My home address: 11411 Research Boulevard, Wind River Crossing, Building 3, Apartment 325, Austin, Texas, 78759.
My home phone: (512) 342-2295.
My Blog: http://www.johnkevinmcmillan.blogspot.com/

AUSTIN POLICE DEPARTMENT SERGEANT MICHAEL KING OF APD'S 'CRISIS INTERVENTION TEAM' HINTS IN SEPT. 24, 2014, E-MAIL REPLY LETTER TO ME THAT HE IS APPARENTLY NOT SHARING WITH APD NORTHWEST DISTRICT REPRESENTATIVE MICHAEL WHETSTON, A DISTINGUISHED APD OFFICER, ANY CITED EVIDENCE EVER OBTAINED OR RECEIVED BY APD SGT. KING ABOUT MYSELF (JOHN KEVIN MCMILLAN) BEING A CITED OR POSSIBLE OR APPARENT VICTIM OF ALLEGED CONTINUOUS PERSONAL-INJURY-CRIMES AND ALLEGED CONTINUOUS ANAL-RAPE CRIMES ALLEGEDLY INFLICTED ON ME DURING MY SLEEP ON A DAILY AND YEAR-ROUND AND STILL-TO-THIS-VERY-DAY CONTINUING BASIS INSIDE MY BOLT-LOCKED APARTMENT UNIT IN THE NORTHWEST SECTION OF AUSTIN, TEXAS, USA


Sep 24 (2014)
(EDITOR'S NOTE: THE CURRENT OFFICIAL E-MAIL ADDRESS FOR SERGEANT MICHAEL KING OF THE AUSTIN POLICE DEPARTMENT OF THE CITY GOVERNMENT OF AUSTIN--AUSTIN BEING THE CAPITAL CITY OF THE U.S. STATE OF TEXAS---IS: MICHAEL.KING@AUSTINTEXAS.GOV . THE OFFICIAL E-MAIL ADDRESS FOR THE CURRENT CHIEF OF THE AUSTIN POLICE DEPARTMENT, CHIEF ART ACEVEDO, IS: ART.ACEVEDO@AUSTINTEXAS.GOV . --- JKM). (From) King, Michael
To
me (John Kevin McMillan)
Sep 24 (2014)

John

Let me state as I have before, are you willing to accept the help I have offered to you in the past. There is nothing more I can do to help you John until you are willing to help yourself and seek help from professionals who can assist you. There is no criminal investigation on going at this time and we have discussed this in the past on several occasions. As for sharing evidence I’m not sure what you are seeking but at this time there is nothing new related to your past reports.

From: John McMillan [mailto:mcmillanj@att.net]
Sent: Wednesday, September 24, 2014 1:32 PM
To: Whetston, Michael; King, Michael; carl.woody@co.travis.tx.us; ogc.webmaster@dps.texas.gov
Subject: 9-24-14 follow-up note per referral today from your APD NW District staff member Carol and APD 311

Dear District Representative Whetston,

This is to confirm that your coworker Carol of your Northwest District APD office along Lamplight Village in Austin did state to me on the phone today, after I was referred to your office by a 311 staff member, that Sergeant Michael King of APD's Crisis Intervention Team --- Sgt. King being my current APD-designated "liaison," according to APD Constituent Services Rep. Tara Long, who clarified that for me on Monday on the telephone----can and will himself routinely share any and all evidence about myself being a victim of crime in Austin with any actual crime investigator for APD, Carol assured me on the phone today.

Carol also assured me that even though my e-mail crime reports to Sgt. Michael King don't comprise an official APD crime report for which an official report number is assigned by APD, APD has the legal authority at any time to on APD's own initiative simply re-open any of the dozens of previous crime reports I have already filed with APD in the last three-and-one-half year period, and for which an official APD report number was officially assigned.

I am referring to crime reports I've filed with APD ever since April 28, 2011, in particular, that each refer to or relate to myself being a self-identified single adult, always-sober, longtime-celibate-by-choice, white male victim of alleged personal-injury crimes, including during my sleep, and of alleged anal-rape crimes-during-my-sleep, on a daily and frequent and year-round and multi-year and still-to-this-very-day (the early morning hours of Wednesday, Sept. 24, 2014) continuing basis inside my bolt-locked rental apartment unit at Wind River Crossing Apartments in NW Austin.

I reside in and am one of two total current official apartment management-team approved official tenants and official occupants in Apartment 325, a top-floor, vaulted-ceiling, four-total room (one total bedroom) rental apartment unit at the Westdale-owned and Westdale-managed Wind River Crossing Apartments, 11411 Research Boulevard in Austin. I myself always sleep ALONE on a bed that I myself own inside my bolt-locked (private) bedroom of Apartment 325 (---a bolt-locked bedroom in which I am the only person authorized to be inside that bedroom during periods when I am sleeping and lying unconscious on my bed).

.... I hope this follow-up letter is helpful to you, District Representative Whetston.

Sincerely and Best Wishes,

John Kevin McMillan, self-identified victim of continuous and still-continuing personal injury crimes, including during my sleep, and anal-rape crimes-during-my-sleep on a daily and year-round basis inside my bolt-locked bedroom of my bolt-locked apartment unit at Wind River Crossing Apartments.

My home address: 11411 Research Blvd., Building 3, Apartment 325, Austin, Texas, 78759.

Home phone: (512) 342-2295.

My Blog: http://www.johnkevinmcmillan.blogspot.com

Saturday, December 13, 2014

AUSTIN POLICE DEPARTMENT SERGEANT MICHAEL KING OF APD'S 'CRISIS INTERVENTION TEAM' UNIT ON MAY 12, 2014, WRITES AND E-MAILS REPLY TO ME IN RESPONSE TO ADDITIONAL FACTUAL WRITTEN REPORTS FROM ME ABOUT MY BEING A SINGLE ADULT LONGTIME-CELIBATE-BY-CHOICE WHITE MALE VICTIM OF ALLEGED PERSONAL-INJURY CRIMES INSIDE MY BOLT-LOCKED APARTMENT UNIT IN AUSTIN, TEXAS, USA; SGT. KING'S REPLY TO ME DOES NOT DISPUTE ACCURACY OF MY WRITTEN FACTUAL REPORT (BELOW) TO HIM ABOUT A MAY 6, 2014, VISIT TO MY APARTMENT UNIT BY SGT. KING AND APD 'MENTAL HEALTH OFFICER' JAMES TURNER OF APD'S 'CRISIS INTERVENTION TEAM' IN WHICH THEY EMPHATICALLY STATED TO ME THAT I AM PROHIBITED BY THEM FROM EVER AGAIN CONTACTING APD ASSISTANT CHIEF TROY GAY AT ANY TIME ABOUT MYSELF BEING A VICTIM OF ALLEGED CRIME IN AUSTIN, TEXAS, USA




(EDITOR'S NOTE: THE CORRECT OFFICIAL E-MAIL ADDRESS FOR AUSTIN POLICE DEPARTMENT SERGEANT MICHAEL KING OF APD'S "CRISIS INTERVENTION TEAM" IN AUSTIN, TEXAS, IS: MICHAEL.KING@AUSTINTEXAS.GOV .

THE CORRECT CURRENT OFFICIAL E-MAIL ADDRESS FOR AUSTIN POLICE DEPARTMENT OFFICER JAMES TURNER, A 'MENTAL HEALTH OFFICER' IN APD'S "CRISIS INTERVENTION TEAM", IS: JAMES.TURNER@AUSTINTEXAS.GOV .

THE CORRECT OFFICIAL E-MAIL ADDRESS FOR THE AUSTIN POLICE DEPARTMENT'S CURRENT CONSTITUENT SERVICES LIAISON, MS. TARA LONG, IS: TARA.LONG@AUSTINTEXAS.GOV .

THE CORRECT OFFICIAL E-MAIL ADDRESS FOR THE CURRENT CHIEF OF THE AUSTIN POLICE DEPARTMENT IN AUSTIN, TEXAS, CHIEF ART ACEVEDO, IS: ART.ACEVEDO@AUSTINTEXAS.GOV .

THE CORRECT OFFICIAL E-MAIL ADDRESS FOR THE TRAVIS COUNTY DISTRICT ATTORNEY'S OFFICE IN AUSTIN, TEXAS, USA, IS: DISTRICT.ATTORNEY@CO.TRAVIS.TX.US . --- JKM).

with two factual corrections Fw: unannounced 5-6-14 visit to my apt. by Officer Turner, Sgt. King (3)
May 12 (2014)
King, Michael
To
me
CC Turner, James; Long, Tara

May 12

John

I’ve gotten several emails lately from ya. Once again I will offer the same assistance I have offered you in the past and if you wish to speak with someone from ATCIC I would be more than willing to assist in arranging a meeting.

-------

From: John McMillan [mailto:mcmillanj@att.net]
Sent: Monday, May 12, 2014 1:55 AM
To: Long, Tara; Turner, James; King, Michael; lori.carter@co.travis.tx.us; rob.drummond@co.travis.tx.us; Travis County District Attorney; Howard Siegel; Yessenia (Denny's Lakeline); Aurelio Contreras (Denny's Lakeline); Debbie Bolton Denny's Lakeline; mariela@brattonfirm.com; Louis Bratton Attorney; Federal Bureau of Investigation San Antonio Div. Austin office; U.S. Department of Homeland Security; Travis County Sheriff's Office Paralegal Michael Lasorsa
Subject: with two factual corrections Fw: unannounced 5-6-14 visit to my apt. by Officer Turner, Sgt. King

Please note that the hastily-written crime-evidence factual report from myself, below, contains two minor factual errors I would like to correct immediately. I tested positive for arsenic in my urine in May 2013 (last year), and I filed a crime report on that with APD in May 2013 (last year) that did not result in any investigation by APD, from what I was told at the time by APD Officer James Turner.

Please disregard the previous version of the E-mail letter I sent you earlier this morning. Below, you will find a corrected version of that letter from myself.---Thank you for your patience on this.

Sincerely,

John Kevin McMillan of Austin. Home phone: (512) 342-2295.

John Kevin McMillan

----- Forwarded Message -----
From: John McMillan

To: Tara Long ; APD Officer James Turner ; "michael.king@austintexas.gov" Cc: "lori.carter@co.travis.tx.us" ; "rob.drummond@co.travis.tx.us" ; Travis County District Attorney ; Howard Siegel ; Yessenia (Denny's Lakeline) ; Aurelio Contreras (Denny's Lakeline) ; Debbie Bolton Denny's Lakeline ; "mariela@brattonfirm.com" ; Federal Bureau of Investigation San Antonio Div. Austin office ; U.S. Department of Homeland Security ; Travis County Sheriff's Office Paralegal Michael Lasorsa

Sent: Monday, May 12, 2014 1:29 AM

Subject: re: unannounced 5-6-14 visit to my apt. by Officer Turner, Sgt. King

May 12, 2014 (typographical correction on cited date of this e-mail letter from myself to APD has been inserted by me at this time, on 12-13-14--JKM)

Dear Austin Police Department Constituent Services Director Tara Long, APD Officer James Turner, and APD Sergeant Michael King,

This is a follow-up note to each of you in regard to the unexpected and unannounced May 6, 2014, visit to my rental apartment unit at Wind River Crossing Apartments by APD Officer James Turner and APD Sergeant Michael King.

My legal notes on their visit state that the two APD officers left my rental apartment unit at about 10:40 a.m. Tuesday, May 6, 2014, after those two APD officers both spoke with me inside my private bedroom for about 10 minutes or so.

....(At the time of their visit,)....I was myself lying alone in my bed, and sensing once again that I had been robbed of what could have been a fully healthful and uninterrupted night's rest because of an alleged illegal intruder inside my bolt-locked private bedroom...

I had been awakened several (?) times during my sleep that morning--and I ALWAYS sleep alone on my bed inside my bolt-locked private bedroom....---and each time when I was awakened, I experienced an unpleasant sensation or discomfort in my anus, accompanied by disgust and alienation that a very sly illegal intruder had allegedly struck in my bolt-locked private bedroom once again.

....In regard to the morning visit to my apartment unit on May 6, 2014, by APD Officer James Turner and APD Sergeant Michael King, I would like to offer the following factual information:

---Officer Turner and Sergeant King asked me inside my private bedroom to myself refrain from ever sending any additional E-mail letter to APD Assistant Chief Troy Gay at any time or in any context. Assistant Chief Gay has no need to receive any crime reports from me, the two APD officers emphasized to me during their meeting with me.

---Officer Turner stated to me that if I send any additional crime-report E-mail letter to APD Assistant Chief Gay, the Austin Police Department might charge me in a court of law with the crime of allegedly "harassing" APD Assistant Chief Gay. Officer Turner also stated to me that if I E-mail any future crime report of mine to ANY APD officer or official other than Officer Turner or Sergeant Michael King, a supervisor of Officer Turner, or APD Constituent Services Director Tara Long, that could also lead to my being charged with alleged "harassment" of that APD officer or official, Officer Turner emphatically warned me in person inside my private bedroom during that May 6, 2014, APD visit to Apartment 325.

---Officer Turner and Sergeant King stated to me inside my private bedroom that the ONLY three officials or officers of APD to whom I should send e-mail crime reports are: APD Constituent Services Director Tara Long; Officer James Turner of APD's "Crisis Intervention Team"; and Sergeant Michael King of APD's "Crisis Intervention Team."

---Officer Turner checked each of the secured locks to my bedroom, including the two different locks to my sliding glass door, and he stated that the were properly secured.

----I informed Officer Turner and Sergeant King that in a recent prior month, I suddenly discovered that I was no longer able to lock the accordion door to my primary closet in my bedroom for a reason that I could not figure out. I had had a lock to that accordion door to my primary bedroom closet installed in January 2014 with help from a kindly coworker of mine at Denny's Lakeline, Eduardo Arreguin, in his first-ever and only visit he has ever made to my apartment unit.

....
----Officer Turner and Sergeant King repeatedly stated to me inside my apartment unit during their May 6, 2014, morning meeting with me that they are both completely sure that NO ONE other than myself is ever present inside my bolt-locked private bedroom during my sleeping hours. Any statement by myself, John Kevin McMillan, in which I claim otherwise is "delusional," they both stated to me during their visit.

---As the two officers left this apartment unit, Officer Turner cited a very large and very sharp knife lying on top of a filing cabinet near the front door. Officer Turner then said to me as he prepared to walk out: "I hope you (John Kevin McMillan) won't grab that knife and attempt to use that as a weapon against me (Officer Turner) as I am leaving this apartment unit."

I felt offended by that statement to me from Officer Turner, since it indicated to me that he was not acknowledging the consistency of my dependably civil and law-abiding style as a human being and gentleman.

I politely but emphatically replied to Officer Turner as he stood near the front door that I myself DO NOT own the very sharp and potentially lethal knife to which he referred that could be used as a weapon (by someone OTHER than myself. I might add that the cited lethal knife was placed inside this apartment unit by a person OTHER than myself)....

....

....
I hope that this hastily-written follow-up report is helpful to each of you.

Sincerely and Best Wishes,

John Kevin McMillan, a self-identified victim of alleged personal-injury crimes and alleged anal-rape-crimes-during-my-sleep on a daily and year-round and continuing basis inside my bolt-locked private bedroom in Apartment 325.

My home address: 11411 Research Boulevard, Building 3, Apt. 325, Austin, Texas, 78759.

My home phone: (512) 342-2295.

My Blog: http://www.johnkevinmcmillan.blogspot.com/